CASE LAW - R v Wong
One way of preparing for a traffic ticket dispute is to request disclosure from the officer who issued it. It was relatively rare to receive such a request but when one did appear the disputant often asked for everything, including the tread depth of the right rear tire on the police car. It was fairly clear that the request was based on advice found on the internet rather than obtained from a lawyer. Disclosing less than what was requested (but still reasonable in the circumstances) resulted in complaints to the justice at the hearing.
In the case of R v Wong, Judicial Justice Adair outlined the Crown’s disclosure obligations in Traffic Court:
- The disputant's request must be made a reasonable length of time prior to trial.
- Anything that is part of the “fruits of the investigation” is to be disclosed, unless the Crown establishes that it is clearly irrelevant.
- Only those third party documents that the Defendant has shown to be “likely relevant” should be considered as potentially disclosable.
- The defendant must establish some relevance for disclosure of the officer's disciplinary records.